Judge Hands Down Stiff Sentence In Robbery Case

June 27, 2008|By Peter Dujardin, pdujardin@dailypress.com 247-4749

HAMPTON — A Hampton man was sentenced to 58 years and nine months in prison this week following his conviction in a robbery and malicious wounding case in which prosecutors said he shot the victim in the torso and wrist.

A jury that found him guilty in December recommended that Darrick Lamont Fox, 32, formerly of Auburn Lane, serve 53 years in prison.

Hampton Circuit Court Judge Christopher W. Hutton imposed the full sentence Tuesday, plus five years and nine months that had been suspended in prior cases.

Deputy Commonwealth's Attorney Romeo Lumaban said the victim had multiple gunshot wounds and underwent three surgeries before recovering.

"He had significant injuries," Lumaban said.

Fox got far more time in prison than the state's sentencing guidelines called for. The guidelines - which judges don't have to follow - called for Fox to get between five years and 13 years and three months in prison, with a midpoint of eight years.

Developed by the Virginia Sentencing Commission, the guidelines take into account prior criminal history, the age of the defendant and other factors.

Judges in Virginia have access to those guidelines, and sentences in bench trials often fall within those ranges. But juries are not given those guidelines before they recommend sentences. Judges can reduce the jury's recommendation, but typically do not.

"That's one of the risks of a jury trial," as opposed to a guilty plea or a bench trial before a judge, Lumaban said.

The maximum punishment under state law for the crimes was two life sentences and 38 years in prison.

Lumaban said this was the first case he's seen in which someone was sentenced when he wasn't in the courtroom. Fox got two contempt of court charges for being "verbally abusive" during earlier hearings, and was not allowed in the courtroom for the sentencing, Lumaban said. Hutton gave Fox an additional 20 days in prison on the contempt charges.

Fox was found guilty of being one of four men who took part in the robbery and shooting of a Suffolk man in November 2006 near Back River Road.

The victim testified that Fox, whom he knew, and the others ordered him into their car, tried to rob him, then pulled him out of the car and shot him during a scuffle. Lumaban said the victim testified that Fox shot him in the torso and twice fired at his head. One bullet hit his wrist, and a second one grazed his face.

The victim was robbed of his money and cell phone.

Fox was sentenced to 20 years in prison for abduction with intent to get money; 10 years for robbery conspiracy; 10 years for malicious wounding; five years on the robbery; and eight years on two counts of using a gun in a felony.

Hutton also revoked two suspended sentences: five years for unauthorized use of a car and nine months for assaulting a family member.